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CIRCULAR

Guiding the import and export of industrial explosives and the import of products with a high content of Ammonium Nitrate

Pursuant to the Government's Decree No. 55/2003/ND-CP of May 28, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Industry;

Pursuant to the Government's Decree No. 12/2006/ND-CP of January 23, 2006, detailing the implementation of the Commercial Law regarding international goods sale and purchase and goods sale and purchase agency, processing and transit activities with foreign countries;

The Ministry of Industry hereby guides the import and export of industrial explosives and the import of products with a high content of ammonium nitrate (ammonium nitrate accounting for 98.5% or more by dry weight) as follows:

1. Scope of regulation and subjects of application

a/ This Circular guides the import and export of industrial explosives and the import of products with a high content of ammonium nitrate.

b/ This Circular applies to enterprises licensed to trade in industrial explosives (having permits for import and export of industrial explosives and import of products with a high content of ammonium nitrate - hereinafter referred to as ammonium nitrate for short), enterprises licensed to produce industrial explosives (having permits for import of ammonium nitrate), enterprises using ammonium nitrate for other purposes (having permits for import of ammonium nitrate), and oil and gas enterprises named in the Oil and Gas Exploration and Exploitation Company's Decision approving annual quotas for import and export of industrial explosives (having permits for import of industrial explosives and permits for export and re-export of industrial explosives).

2. Order of approval and grant of permits

a/ The order and procedures for quota approval shall comply with the Industry Ministry's "Process of granting quotas for import (export) of production materials and industrial explosives - QT24" applicable as from October 1, 2004. For ammonium nitrate, the approval of quotas shall comply with the Industry Ministry's Regulation on management of products with a high content of ammonium nitrate.

b/ Annually, the Industry Ministry shall approve quotas for import and export of industrial explosives granted to enterprises licensed to trade in industrial explosives and oil and gas enterprises of which the Oil and Gas Exploration and Exploitation Company acts as the principal one.

c/ Basing themselves on approved annual quotas, enterprises shall sign goods sale and purchase contracts and make dossiers of application and submit them to the Industry Ministry for the grant of permits for export of industrial explosives, permits for import of industrial explosives or permits for import of ammonium nitrate.

Where enterprises have used up the approved quotas and still wish to import or export more goods, they shall make dossiers of request and submit them to the Industry Ministry for consideration and grant of additional quotas. The order, procedures and dossiers of request for additional quotas shall apply as in the cases of request for quotas at the beginning of the year.

3. Dossiers of application for permits for import of industrial explosives

a/ An application for the import permit (made according to a set form);

b/ A copy of the decision approving the import quota;

c/ A report on the implemented volume of import quota;

d/ Copies of the contract on purchase of industrial explosives signed with a foreign enterprise and the contract on sale of industrial explosives signed with a domestic enterprise.

4. Dossiers of application for permits for export of industrial explosives

a/ An application for the export permit (made according to a set form);

b/ A copy of the decision approving the export quota;

c/ A report on the implemented volume of export quota;

d/ Copies of the contract on sale of industrial explosives signed with foreign enterprise(s) and the contract on purchase of industrial explosives signed with domestic enterprise(s).

In case of export (re-export) of industrial explosives by oil and gas enterprises, copies of the contract on purchase of industrial explosives from a foreign enterprise and the contract on sale of industrial explosives to another foreign enterprise.

5. Dossiers of application for permits for import of ammonium nitrate

a/ An application for the import permit (made according to a set form);

b/ A copy of the decision approving the import quota;

c/ A report on the implemented volume of import quota (for enterprises which conduct the import from the second time on);

d/ A copy of the contract on purchase of ammonium nitrate signed with a foreign enterprise.

6. Time limit for consideration and grant of permits

Within seven working days after receiving complete and valid dossiers, the Industry Ministry shall consider and grant permits to enterprises (made according to set forms) or reply in writing the reasons for its refusal to grant permits.

7. Reporting regime

Enterprises shall report on the import and export of goods according to current regulations. The deadlines for sending biannual reports and annual reports are July 15 and January 15 of the subsequent year respectively.

8. Implementation provisions

a/ The Mechanical, Metallurgy and Chemical Department shall assume the prime responsibility for, and coordinate with other functional departments in, assisting the Ministry manage and guide the grant of permits for import and export of industrial explosives and import of products with a high content of ammonium nitrate.

b/ This Circular takes effect 15 days after its publication in "CONG BAO"; the Industry Ministry's regulations on import and export of industrial explosives and import of ammonium nitrate which are contrary to this Circular are hereby annulled.

c/ In the course of implementation, if facing any problems or difficulties, branches, localities, organizations and individuals should report them to the Industry Ministry for consideration and settlement.